Cases: Liens for Attorney Fees

Equity/Judgment Enforcement/Liens For Attorney Fees:  Assignment Of Judgment To Attorney Subject To Offsets As A Matter of Equity

Cases: Equity, Cases: Judgment Enforcement, Cases: Liens for Attorney Fees

Result No Different Even If Classic Attorney’s Fees Lien Involved.             Although the facts are too convoluted to discuss in detail, Lalanne v. Armanino, Case No. A147227 (1st Dist., Div. 5 Aug. 31, 2017) (unpublished) involved a situation where an attorney obtained an assignment of judgment which was held subject to claimed offsets in the […]

Liens For Attorneys Fees: Attorney’s Lien In Artwork Was Not A Fraudulent Transfer

Cases: Liens for Attorney Fees

Clients Can Prefer Attorneys Over Others, Following Reasoning In Wyzard.             In Stoltenberg v. Sheppard, Mullin, Richter & Hampton LLP, Case No. B271524 (2d Dist., Div. 5 June 20, 2017) (unpublished), plaintiffs/judgment creditors challenged law firm’s attorney’s lien on specific client property (such as artwork) to secure payment of accrued, unpaid legal fees, based primarily

Lien For Attorney Fees:  Attorney Lost Fee Recovery From Settlement Fund For Failure To File Separate Action And For Prejudicially Abandoning Client So Lien Went Kaput

Cases: Liens for Attorney Fees

    Procedural and Merit Grounds Led To The Same Result.               Moore v. Orloff & Associates APC, Case No. G052463 (4th Dist., Div. 3 April 18, 2017) (unpublished) shows that attorney’s liens are subject to equitable principles.  The trial judge after a prior appellate remand found that the attorney was not entitled to

Liens For Attorneys Fees/Quantum Meruit: 2/5 DCA Sorts Through Various Standing And Statute Of Limitations Issues In Attorney’s Lien/Quantum Meruit Dispute

Cases: Liens for Attorney Fees, Cases: Quantum Meruit

  End Result Is Declaratory Relief Action Based On Attorney’s Lien Did Survive Based On Longer Four-Year SOL Relating To Written Contracts.      In Younessi v. Munoz, Case No. B265750 (2d Dist., Div. 5 Jan. 25, 2017) (unpublished), prior discharged counsel, both the individual lead attorney and the law firm, in a contingency-based personal injury

Lien For Attorney Fees:  Delaware Supreme Court Determines Attorney Charging Lien, In Hourly Case Representation, Properly Claimed For Entire Hourly Amount, Not Just Amounts Tethered Directly To Obtaining Beneficial Litigation Results

Cases: Liens for Attorney Fees

Narrowing Charging Liens To Only Beneficial Services Would Improperly Rewrite Attorney Lien Contractual Arrangement In Hourly Cases.             Although we generally post on California cases, we stray to discuss a recent attorney’s lien decision from Delaware, which may have some persuasive impact in California cases considering attorney’s liens.             In Katten Muchin Rosenman LLP v.

Liens For Attorney Fee/Quantum Meruit: Discharged Attorneys In Class Action Not Entitled To Pursue Conversion Or Common Counts Against Successor Attorneys Without First Proving Entitlement To Attorney’s Lien Against Client

Cases: Liens for Attorney Fees, Cases: Quantum Meruit

  Court Of Appeal Found Instructive The Reasoning In Mojtahedi Decision.     In this next case we post on, predecessor, discharged counsel was found to have sued the wrong party—successor counsel, rather than properly suing client to establish the validity and amount of an attorney’s lien in a retainer agreement under a “reasonable value of

Interpleader/Lien For Attorney’s Fees: 2/5 DCA Determines That Interpleader Fee Recovery Can Include Post-Discharge Supporting Activities And That Interpleader Action Can Qualify As Independent Action In Which Attorney’s Lien Can Be Resolved

Cases: Interpleader, Cases: Liens for Attorney Fees

  Scope of Interpleader Proceeding Resolved In This Case.     Southern California Gas Co. v. Flannery, Case No. B268298 (2d Dist., Div. 5 Nov. 14, 2016) (published) involved an interpleader action filed in the wake of a settlement agreement for injuries sustained in the 2008 Sesnon wildfire, with personal injury claimants, palimony litigants, and attorneys

Liens For Attorney’s Fees/Equity: Los Angeles County Superior Court Appellate Division Decides That Rights Of Needy Tenants To Obtain Legal Representation In Unlawful Detainer Actions Prevented Offset Of Fee Award Against Subsequent Judgments Obtain

Cases: Equity, Cases: Liens for Attorney Fees

  Equities Were Weighted, Favoring No Offset Of Fee Award.      Crasnick v. Marquez and Diaz, Case No. BV 031459 (L.A. Superior Court Appellate Div. May 24, 2016 (published) (3-0 decision authored by Judge Ricciardulli), transmitted to 2d Dist. for consideration of transfer, No. B272469 involved an interesting judgment offset situation. There, a tenant in

Lien For Attorney’s Fees, Retainer Agreements: Claimants In Civil Asset Forfeiture Reform Act Cannot Assign Attorney’s Fees Award To Handling Attorney

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

  Assignment Void Under The Anti-Assignment Act; However, Not All Is Lost—Contractual Attorney’s Lien Is Allowable As Against Government In CAFRA Actions.     Under the Civil Asset Forfeiture Reform Act (CAFRA), successful claimants challenging the U.S. government’s seizure of property can obtain an attorney’s fee award against the government, which happened in the next case

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